[Adopted 2-20-2008 by Ord. No. 2-2008]
The purpose of this article is to create the
administrative mechanisms needed for the execution of the Township
of Pemberton's responsibility to assist in the provision of affordable
housing pursuant to the Fair Housing Act of 1985.[1]
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et
seq.
As used in this article, the following terms
shall have the meanings indicated:
The entity responsible for administering the affordability
controls of some or all units in the affordable housing program for
the Township of Pemberton to ensure that the restricted units under
administration are affirmatively marketed and sold or rented, as applicable,
only to low- and moderate-income households.
The employee charged by the governing body with the responsibility
for oversight and administration of the affordable housing program
for the Township of Pemberton and any RCA[1] it enters into.
[1]
Editor's Note: "RCA" means "regional contribution
agreement."
A.
Establishment of position MHL/RCA Administrator. There
is hereby established the position of MHL/RCA Administrator for the
Township of Pemberton.
B.
Subject to the approval of the Council on Affordable
Housing (COAH), the MHL/RCA Administrator shall be appointed by the
governing body and may be a full- or part-time employee.
C.
The MHL/RCA Administrator shall be responsible for
oversight and administration of the municipality's affordable housing
program and the administration of any RCA entered into by the Township
of Pemberton, including the following responsibilities which may not
be contracted out:
(1)
Serving as the Township of Pemberton's primary point
of contact for all inquiries from the state, affordable housing providers,
administrative agents, and interested households;
(2)
Establishing an escrow account for the RCA funds and
submitting to COAH a signed escrow agreement between the Township
of Pemberton, the bank and COAH for each RCA;
(3)
Monitoring the status of all restricted units in the
Township of Pemberton's Fair Share Plan and any project plan for any
RCA;
(4)
Compiling, verifying, and submitting semiannual reports
as required by COAH;
(5)
Coordinating meetings with affordable housing providers
and administrative agents, as applicable;
(6)
Attending continuing education opportunities as offered
or approved by COAH;
D.
Subject to approval by COAH, the Township of Pemberton may contract with or authorize a consultant, authority, government or any agency charged by the governing body, which entity shall have the responsibility of administering the affordable housing program of the Township of Pemberton, except for those responsibilities which may not be contracted out pursuant to Subsection C above. If the Township of Pemberton contracts with another entity to administer all or any part of the affordable housing program, including the affordability controls and affirmative marketing plan, the MHL/RCA Administrator shall supervise the contracting administrative agent.
E.
Compensation shall be fixed by the governing body
at the time of the appointment of the MHL/RCA Administrator.
F.
Administrative powers and duties assigned to the MHL/RCA
Administrator and/or the administrative agent:
(1)
Affirmative marketing.
(a)
Conducting an outreach process to ensure affirmative
marketing of affordable housing units in accordance with the affirmative
marketing plan of the Township of Pemberton and the provisions of
N.J.A.C. 5:80-26:15; and
(b)
Providing counseling or contracting to provide
counseling services to low- and moderate-income applicants on subjects
such as budgeting, credit issues, mortgage qualification, rental lease
requirements, and landlord/tenant law.
(2)
Household certification.
(a)
Soliciting, scheduling, conducting and following
up on interviews with interested households;
(b)
Conducting interviews and obtaining sufficient
documentation of gross income and assets upon which to base a determination
of income eligibility for a low- or moderate-income unit;
(c)
Providing written notification to each applicant
as to the determination of eligibility or noneligibility;
(d)
Requiring that all certified applicants for
restricted units execute a certificate substantially in the form,
as applicable, of either the ownership or rental certificates set
forth in Appendixes J and K of N.J.A.C. 5:80-26.1 et seq.;
(e)
Creating and maintaining a referral list of
eligible applicant households living in the housing region and eligible
applicant households with members working in the housing region where
the units are located; and
(f)
Employing the random selection process as provided
in Pemberton Township's affirmative marketing plan when referring
households for certification to affordable units.
(3)
Affordability controls.
(a)
Furnishing to attorneys or closing agents forms
of deed restrictions and mortgages for recording at the time of conveyance
of title of each restricted unit;
(b)
Creating and maintaining a file on each restricted
unit for its control period, including the recorded deed with restrictions,
recorded mortgage and note, as appropriate;
(c)
Ensuring that the removal of the deed restrictions
and cancellation of the mortgage note are effectuated and properly
filed with the appropriate county's Register of Deeds or County Clerk's
office after the termination of the affordability controls for each
restricted unit;
(d)
Communicating with lenders regarding foreclosures;
and
(e)
Ensuring the issuance of continuing certificates
of occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.
(4)
Resale and rental.
(a)
Instituting and maintaining an effective means
of communicating information between owners and the administrative
agent regarding the availability of restricted units for resale or
rental; and
(b)
Instituting and maintaining an effective means
of communicating information to low- and moderate-income households
regarding the availability of restricted units for resale or rental.
(5)
Processing requests from unit owners.
(a)
Reviewing and approving requests from owners
of restricted units who wish to take out home equity loans or refinance
during the term of their ownership;
(b)
Reviewing and approving requests to increase
sales prices from owners of restricted units who wish to make capital
improvements to the units that would affect the selling price, such
authorizations to be limited to those improvements resulting in additional
bedrooms or bathrooms and the cost of central air-conditioning systems;
and
(c)
Processing requests and making determinations
on requests by owners of restricted units for hardship waivers.
(6)
Enforcement.
(a)
Securing annually lists of all affordable housing
units for which tax bills are mailed to absentee owners and notifying
all such owners that they must either move back to their unit or sell
it;
(b)
Securing from all developers and sponsors of
restricted units, at the earliest point of contact in the processing
of the project or development, written acknowledgment of the requirement
that no restricted unit can be offered or in any other way committed,
to any person, other than a household duly certified to the unit by
the administrative agent;
(c)
The posting annually in all rental properties,
including two-family homes, of a notice as to the maximum permitted
rent, together with the telephone number of the administrative agent
where complaints of excess rent can be made;
(d)
Sending annual mailings to all owners of affordable
dwelling units, reminding them of the notices and requirements outlined
in N.J.A.C. 5:80-26.18(d)4;
(e)
Establishing a program for diverting unlawful
rent payments to the municipality's Affordable Housing Trust Fund
or other appropriate municipal fund approved by the DCA;
(f)
Creating and publishing a written operating
manual, as approved by COAH, setting forth procedures for administering
such affordability controls; and
(g)
Providing reports to COAH as required.
(7)
The administrative agent shall have authority to take
all actions necessary and appropriate to carry out its responsibilities
hereunder.
If any section, subsection, paragraph, sentence
or other part of this article is adjudged unconstitutional or invalid,
such judgment shall not affect or invalidate the remainder of this
article but shall be confined in its effect to the section, subsection,
paragraph, sentence or other part of this article directly involved
in the controversy in which said judgment shall have been rendered,
and all other provisions of this article shall remain in full force
and effect.
All ordinances or parts of ordinances which
are inconsistent with the provisions of this article are hereby repealed,
but only to the extent of such inconsistencies.
This article shall take effect immediately upon
final adoption and publication in the manner prescribed by law.
